What is an ‘assignment-statement’ and how is it used in patent applications?
An ‘assignment-statement’ is a relatively new concept in patent law, introduced for applications filed on or after September 16, 2012. The MPEP explains:
‘For applications filed under 35 U.S.C. 111(a), 363, or 385 on or after September 16, 2012, an assignment may contain the statements required to be made in an oath or declaration (‘assignment-statement’), and if the assignment is made of record in the assignment records of the Office, then the assignment may be utilized as the oath or declaration.’
This means that for qualifying applications, the assignment document can serve a dual purpose:
- Transferring ownership of the patent application
- Fulfilling the requirement for an oath or declaration
This provision can simplify the application process by combining two previously separate documents. The MPEP cites 35 U.S.C. 115(e), 37 CFR 1.63(e), and MPEP §§ 302.07, 317, and 602.01(a) for further details on this practice.